materials, and the proceeds thereof, after deducting the cost of such appraisal, condemnation, and sale, shall be paid into the Treasury. And no old material of the Navy shall hereafter be sold or exchanged by the Secretary of the Navy, or by any officer of the Navy, which can be profitably used by reworking or otherwise in the construction or repair of vessels, their machinery, armor, armament, or equipment; but the same shall be stored and preserved for future use. And when any such old material cannot be Sale of unprofprofitably used as aforesaid, the same shall be appraised itable articles. and sold at public auction after public notice and advertisement shall have been given according to law under such rules and regulations and in such manner as the said Secretary may direct. The net proceeds arising from the sales of such old materials shall be paid into the Treasury. It shall be the duty of the Secretary of the Navy annually to report in detail to Congress, in his annual report, the pro- ch.391,22 Stat. L., ceeds of all sales of materials, stores, and supplies, made under the provisions of this act, and the expenses attending such sales. Report to be made to Congress. Aug, 5, 1882, P. 296. Title 40. out deduction. 1, v. 9, p. 398; SEC. 3617. The gross amount of all moneys received from whatever source for the use of the United States, Moneys to be except as otherwise provided in the next section, shall be deposited with paid by the officer or agent receiving the same into the, Mar. 3, 1849, s. Treasury, at as early a day as practicable, without any Sept. 28, 1850, s. 3, abatement or deduction on account of salary, fees, costs, v.9, p. 507. charges, expenses, or claim of any description whatever. and Mar. 3, 1883. But nothing herein shall affect any provision relating to the revenues of the Post-Office Department. See Aug. 5, 1882, sales of material. Mar. 3, 1847, s. 1, p. 336; June 8, SEC. 3618. All proceeds of sales of old material, con- Proceeds of demned stores, supplies, or other public property of any "May 3, 1872, 8. kind, except the proceeds of the sale or leasing of marine 5. v. 17, p. 83; hospitals, or of the sales of revenue-cutters, or of the sales v. 9, p. 171; Apr. of commissary stores to the officers and enlisted men of 20, 1866, ss. 1, 2, v. 14. p. 40; July 28, the Army, or of materials, stores, or supplies sold to officers 1866, s. 25, v. 14, and soldiers of the Army, or of the sale of condemned Navy 872, 17, 1, 337; clothing, or of sales of materials, stores, or supplies to any June 22, 1874, v 18, p. 200; Feb. exploring or surveying expedition authorized by law, shall 7, 1877, v. 19, p. be deposited and covered into the Treasury as miscellane- 249. See s. 1541. Aug. ous receipts, on account of "proceeds of Government prop- 5, 1882, and Mar. erty," and shall not be withdrawn or applied, except in 3, 1875. consequence of a subsequent appropriation made by law. [Par. 1.] Bureau of Provisions and Clothing. That from and after the first day of April, eighteen hundred and 20 Stat. L., 284. seventy-nine, the value of issues of small-stores shall be Supp, R. S., credited to a fund to be designated as the "small-stores Title changed fund", in the same manner as the value of the issues of plies and Acclothing is now credited to the "clothing fund"; the re- Value of issues sources of the fund to be used hereafter in the purchase of supplies of small-stores for issue. * [Par. 1.] The Secretary of the Navy is hereby authorized to sell, after advertisement of the sale for such time as in his judgment the public interests may require, condemned Feb. 14, 1879. pp. 216-217. to Bureau of Sup counts. of small stores to be credited to "small-stores fund;" how used. R. S., sec. 3618. June 30, 1890, ch. 640, par. 2, P. 762. June 30, 1890. 26 Stat. L., 189. Supp. R. S., 1874-91, p. 762. demned naval Sale of con- naval supplies, stores, and materials, either by public auction or by advertisement for sealed proposals for the purR.S., 1541,3618; chase of the same. stores. 19 C. Cls., 181; 113 U. S., 128. money. 40, v. 14, p. 187. Title 41. Penalty for SEC. 3619. Every officer or agent who neglects or refuses withholding to comply with the provisions of section thirty-six hundred July 18, 1866, s. and seventeen shall be subject to be removed from office, and to forfeit to the United States any share or part of the moneys withheld, to which he might otherwise be entitled. SEC. 3672. A detailed statement of the proceeds of all Statement of sales of old material, condemned stores, supplies, or other process of sales public property of any kind except materials, stores, or May 8, 1872, 8. supplies sold to officers and soldiers of the Army, or to Feb. 27, 1877, v. exploring or surveying expeditions authorized by law, 19, p. 249. shall be included in the appendix to the book of estimates. 5. v. 17, p. 83; See sec. 3692, Appropriations. Mar. 3, 1875. That the Secretary of the Navy is authorized to dispose Disposition of of the useless ordnance material on hand at public sale, ordnance mate according to law, the net proceeds of which shall be turned Mar. 3, 1875, v. into the Treasury; and an amount equal to the same is rial. 18, p. 343. 18 Stat. L., 371. Supp. R. S., p. 73, chap. 130. See note 3. July 14, 1884. 1874-91, p. 468. non made at cost hereby appropriated, to be applied to the purpose of procuring a supply of material adapted in manufacture and calibre to the present wants of the service; but there shall be expended, under this provision, not more than seventyfive thousand dollars in one year. [Par. 11.] That the Secretary of the Navy is authorized to dispose of the useless ordnance material on hand at public sale, according to law; SEC. 2. That hereafter all rifled cannon of any particular 23 Stat. L., 158. material, caliber, or kind, made at the cost of the United Supp. R. S., States shall be publicly subjected to the proper test includAll rifled can ing such rapid firing as a like gun would be likely to be of United States subjected to in actual battle for the determination of the to be tested. endurance of the same to the satisfaction of the President July 26, 1886, ch.,781,8. 1, p. 502 of the United States or such persons as he may select; and Sept. 22, 1888, he is hereby authorized to select not to exceed five persons, ch. 1028,s.1, p.619. who shall be skilled in such matters; and if such gun shall not prove satisfactory, they shall not be put in use in the Government service. cannon may be Smooth-bore SEC. 3. That the Secretary of War and the Secretary of sold for experi the Navy are hereby authorized to sell to projectors of mental purposes: methods of conversion, for experimental purposes only, any 130, par. 11, p. 74. smooth-bore cannon on hand required by them, at prices Mar. 3, 1875, ch. which shall not be less than have been received from auction sales for such articles, and deliver the same, at the. cost of the Government, at the nearest convenient place for Note 2.-The Secretary of the Navy can not exchange a condemned vessel for another. Disposition of former controlled by act of May 23, 1872. (Op., XIV, 369, Feb. 18, 1874, Williams.) For the mode in which the sales of condemned property shall be conducted, whether by advertisement at public auction or otherwise, no specific provision is made. In these respects the sales are left to the discretion of the officer having charge of such old material. The proceeds must be covered into the Treasury. The Bureau of Engraving and Printing can not exchange old presses for new ones. (Op., XV, 320, Williams, June 23, 1877.) Inspection, condemnation, and public sale are necessary to a valid sale of unsuitable military stores under the act of March 3, 1825. (C. C., v. 1, p. 85.) Note 3.-The authority given to the Secretary of the Navy in paragraph 11 to dispose of public property is superseded by 1882, Aug. 5, chap. 391, sec. 2. shipment or public transportation; the cost of delivery to be deducted from the proceeds of sales, and the balance to be covered into the Treasury of the United States. One or more rifled cannon of each type constructed at July 26, 1886. the cost of the United States for the Navy shall be publicly 24 Stat. L., 149. subjected to the proper test for endurance including such, Supp. R. S., rapid firing as a like gun would be subjected to in battle. Navy. This test shall be under the direction and to the satisfac- Rifled cannon of each type to be tion of the Secretary of the Navy, and if such guns do not tested. prove satisfactory, the type they represent shall not be put 235, 9. 2, p. 468. in use in the naval service. 1874-91, p. 502. July 5, 1884, ch. 3. Vessel. Title 1, chap. 1. Definitions. Feb. 25, 1871, 8. v. 16, p. 431; June 30, 1864, ss. 1868, s. 104, v. 15, In determining the meaning of the Revised Statutes, or of any act or resolution of Congress passed subsequent to February twenty-fifth, eighteen hundred and seventy-one, words importing the singular number may extend and be applied 3 1: 3: to several persons or things; words importing the plural 44, v. 14, p. 163; number may include the singular; words importing the 82, 126, v. 13, pp. masculine gender may be applied to females; the words 258, 287; July 20, "insane person" and "lunatic" shall include every idiot, p. 166. non-compos, lunatic, and insane person; the word "person" may extend and be applied to partnerships and corporations, and the reference to any officer shall include any person authorized by law to perform the duties of such office, unless the context shows that such words were intended to be used in a more limited sense; and a requirement of an "oath" shall be deemed complied with making affirmation in judicial form. SEC. 2. The word "county" includes a parish, or any other equivalent subdivision of a State or Territory of the United States. SEC. 3. The word "vessel" includes every description of water-craft or other artificial contrivance used, or capable of being used, as a means of transportation on water. SEC. 4. The word "vehicle" includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. County. 9, v.14, pp. 98; 110. 1, Vessel. July 18, 1866, s. June 29, 1870, s. 7, v. 16. p. 170. Vehicle. 1, v. 14, p. 178. July 18, 1866, s. Company, asso- ciation. SEC. 5. The word "company" or "association," when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such com- 9, v. 14, p. 241. pany or association," in like manner as if these last-named words, or words of similar import, were expressed. Seal. SEC. 6. In all cases where a seal is necessary by law to any commission, process, or other instrument provided 2. v. 10, p. 297. for by the laws of Congress, it shall be lawful to affix the proper seal by making an impression therewith directly on the paper to which such seal is necessary; which shall be as valid as if made on wax or other adhesive substance. Title 1, chap. 2. SEC. 7. The enacting clause of all acts of Congress hereEnacting after enacted shall be in the following form: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled." clause. Resolving clause. No enacting words after first section. SEC. 8. The resolving clause of all joint resolutions shall be in the following form: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled." SEC. 9. No enacting or resolving words shall be used in any section of an act or resolution of Congress except in the first. Numbering SEC. 10. Each section shall be numbered, and shall conand frame of tain, as nearly as may be, a single proposition of enact sections. Feb. 25, 1871, s. ment. 1, v. 16, p. 431. Title of appro priation acts. 2, v. 5, p. 537. SEC. 11. The style and title of all acts making appropriAug. 26, 1842, s. ations for the support of Government shall be as follows: "An act making appropriations (here insert the object) for the year ending June thirtieth (here insert the calendar year.) Repeals not to revive former act. SEC. 12. Whenever an act is repealed, which repealed a former act, such former act shall not thereby be revived, Feb. 25, 1871, s. unless it shall be expressly so provided. 3, v. 16, p. 432. Repeals not to affect liabilities unless, etc. Ibid., s. 4. Title 19. SEC. 13. The repeal of any statute shall not have the effect to release. or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. SEC. 1777. The various officers of the United States, to Preservation whom, in virtue of their offices and for the uses thereof, of copies of Stat- copies of the United States Statutes at Large, published Aug. 8, 1846, s. by Little, Brown and Company, have been or may be utes at Large. 1, v. 9, p. 75. Title 13,chap. 19. distributed at the public expense, by authority of law, shall preserve such copies, and deliver them to their successors respectively as a part of the property appertaining to the office. A printed copy of this section shall be inserted in each volume of the Statutes distributed to any such officers. SEC. 1043. No person shall be prosecuted, tried, or punCapital offenses. ished for treason or other capital offense, willful murder excepted, unless the indictment is found within three years Apr. 30, 1790, 8. 32, v. 1, p. 119. next after such treason or capital offense is done or committed. SEC. 1044. No person shall be prosecuted, tried, or pun- Offenses ished for any offense, not capital, except as provided in capital. section one thousand and forty-six, unless the indictment is found, or the information is instituted within three years next after such offense shall have been committed; but this act shall not have the effect to authorize the prosecution, trial, or punishment for any offense, barred by the provisions of existing law. not SEC. 1045. Nothing in the two preceding sections shall Fleeing from extend to any person fleeing from justice. justice. the SEC. 1046. No person shall be prosecuted, tried, or punished for any crime arising under the revenue laws, or the slave-trade laws of the United States, unless the indict-3, ment is found or the information is instituted within five years next after the committing of such crime. Crimes under revenue laws. v. 2. p. 290; Mar. 26, 1804, s. Apr, 20, 1818, s. 9, v. 3, p. 452. forfeitures under States. Feb. 28, 1839, s. Mar. 2, 1799, s. 89, 1818, s. 9, v. 3. p. s. 14, v. 12, p. 741; v. 15, p. 183. SEC. 1047. No suit or prosecution for any penalty or for- Penalties and feiture, pecuniary or otherwise, accruing under the laws of laws of United the United States, shall be maintained, except in cases where it is otherwise specially provided, unless the same is 4, v. 5, p. 322; commenced within five years from the time when the pen- v. 1, p. 695; Mar. alty or forfeiture accrued: Provided, That the person of 26, 1804, s. 3, v. 2, the offender, or the property liable for such penalty or for- P0; Apr. 20, feiture, shall, within the same period, be found within the 152; Mar. 3, 1863, United States; so that the proper process therefor may be July 25, 1868, s. 1, instituted and served against such person or property. SEC. 1048. In all cases where, during the late rebellion, Parties beyond any person could not, by reason of resistance to the execu- during the rebeltion of the laws of the United States, or of the interruption lione 11, 1864, of the ordinary course of judicial proceedings, be served ch. 118, v. 13, p. with process for the commencement of any action, civil or criminal, which had accrued against him, the time during which such person was beyond the reach of legal process shall not be taken as any part of the time limited by law for the commencement of such action. That the Articles for the Government of the Navy be, and the same are hereby, amended by adding thereto the following: "ARTICLE 61. No person shall be tried by court-martial or otherwise punished for any offense, except as provided in the following article, which appears to have been committed more than two years before the issuing of the order for such trial or punishment, unless by reason of having absented himself, or of some other manifest impediment he shall not have been amenable to justice within that period. "ARTICLE 62. No person shall be tried by court-martial or otherwise punished for desertion in time of peace committed more than two years before the issuing of the order for such trial or punishment, unless he shall meanwhile have absented himself from the United States, or by reason of some other manifest impediment shall not have been amenable to justice within that period, in which case the reach of process 123. |